successor employer
May 11, 2016 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Union Relations, Wages and Compensation
An entrepreneur’s workforce grows either through fresh hires or through the acquisition of companies that bring along new employees. Whether your organization is a large multi-national in a complex mergers and acquisitions (M;&A) transaction or a start-up looking to acquire a 2-person corporation with a new development line or skill set, the employment law implications are complex, yet largely the same.
asset transaction, business transaction, buying assets or shares, communications, continuous employment, Due diligence, employee morale, employment contract, employment law, entrepreneurs, Mergers and acquisitions, negotiations with a seller, sale of business, share transaction, successor employer, terms of employment, workforce, wrongful dismissal
April 11, 2014 Stringer LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Union Relations
In unionized industries and in particular the construction sector, there are well established rules governing when multiple companies can be considered a single employer under the law. Dozens of multiple employer applications per year are brought in Ontario alone. The same cannot be said about common employer determinations in the non-unionized sector. However, a recent case heard by the Ontario Superior Court of Justice dealt with such a situation.
common employer, employment law, HR Law, king v 1416088 Ontario ltd, liability for employees’ service., non-unionized sector, notice and severance pay, notice period, past service, purchasing the assets of a business, related employer, sale of business, successor employer, terminated without cause or notice, termination, terminations, unionized industries, wrongful dismissal, wrongful dismissal damages
December 6, 2012 Rudner Law, Employment / HR Law & Mediation Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation
Two recent cases have confirmed a long-standing principle: in order to be effective, notice of dismissal must be clear, specific and unequivocal. Among other things, a definite terminate date must be specified. Otherwise, in most cases, the “notice” will not be effective, and the employer will be on the hook for additional notice or pay in lieu thereof.
as much notice as possible of the new date, common law notice, employee time to mitigate their losses, employment, employment law, employment relationship, extenuating circumstances, legal notice of termination, notice of dismissal, notice of dismissal must be clear, notice or pay in lieu thereof, sale of all or part of a business, specific and unequivocal, statutory notice, successor employer, termination, termination dates, terminations
November 22, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Union Relations
On November 8, 2012, Ritu Mahil, Vice-Chair of the British Columbia Labour Relations Board decided that there was not a continuity between Zellers’ business at the Brentwood Mall in Burnaby, B.C. for its employees to be successively employed by Target in Canada. Although the employees would perform similar jobs at Target stores as they had at Zellers, and the transaction agreement confirmed the transfer of leases, pharmacy records and the brand waiver, these things were not sufficient to conclude that there would be a handover of these employees. As a result, the union’s application under Section 35 of the Labour Relations Code (“Code”) for a declaration that Target is a successor employer to Zellers with respect to the business carried on by Zellers at the Brentwood Mall in Burnaby, B.C.was dismissed.
bargaining unit, Business, Business continuity, collective agreement, Collective Bargaining, continuity of business, employment law, grievance, Labour Law, Labour Relations Board, Labour Relations Code, Mergers and acquisitions, purchasing employer, selling employer, successor employer, Target, transfer of all or part of a business, union, Unions, Zellers
December 12, 2011 Matt Lalande, Lalande & Company Lawyers Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation
Last month I was consulted by a woman with respect to a new employment agreement that she wanted reviewed. The employment opportunity presented to her was by a company that had purchased the software company she was currently employed with for the past 19 years. Her salary remained the same, as did the total of her bonus, although the bonus structure was altered to reflect seemingly unattainable goals. While the new bonus structure did in fact reflect the purchasing company’s exact bonus structure with all of its existing employees, this arrangement was originally her main concern.
canadian employment law, common law, common law obligations, company takeovers, employment law, employment standards act, ESA, ESA obligations, Nokes vs. Doncaster, novation, sale of a business, seniority, Sorel vs. Tomenson Whitehead, successor employer, termination, terminations, transitional contract, wrongful dismissal, years of service
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